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22 Sep

September 2021 Delaware HR Legal Updates

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Delaware Enacts Vaccination Mandate for Healthcare Workers

Update Applicable to:

All employers in Delaware with employees in the covered facilities detailed below.

What happened?

On August 12, 2021, Governor Carney and the Delaware Department of Health and Social Services (DHSS) announced a requirement for vaccinations.

What are the details?

The requirement, effective September 30, 2021 through January 28, 2022, states that all employees in the covered facilities must provide proof of vaccination or undergo regular testing for COVID-19. The health care facilities that are covered include:

Long-Term Care Facilities:

  • Nursing homes
  • Assisted living facilities
  • Intermediate care facility for persons with developmental or intellectual disabilities
  • Neighborhood homes
  • Group homes for persons with serious and persistent mental illness
  • Group homes for persons with HIV/AIDS
  • Family care homes
  • Rest residential facilities
  • Intensive behavioral support and educational residences

Acute and Outpatient Providers:

  • Adult day cares
  • Free-standing birthing centers
  • Free-standing emergency departments
  • Free-standing surgical centers
  • Home health agencies: aide only (non-skilled)
  • Skilled home health agencies
  • Hospitals (including psychiatric hospitals)
  • Prescribed pediatric extended care centers
  • Hospice
  • Personal assistance service agencies
  • Office-based surgery

The updated vaccination and testing requirements can be read here.

An article on the update can be read here.

What do employers need to do?

Employers should review the requirements to update any applicable policies and procedures regarding vaccinations and testing of their employees to stay in compliance once the law goes into effect on September 30, 2021.